BCRUA-2026-018 - 8/26/2026 RESOLUTION NO. BCRUA-2026-2018
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously
entered into an agreement ("Agreement") with Pencco, Inc., regarding the purchase of Water
Treatment Chemicals, and
WHEREAS, the BCRUA and Pencco, Inc. now desire to enter into a First Amendment to the
Agreement to adjust the price of the Water Treatment Chemicals, Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK
REGIONAL UTILITY AUTHORITY:
That the Board President is hereby authorized and directed to execute on behalf of the BCRUA
a First Amendment to the Agreement Between the Brushy Creek Regional Utility Authority, Inc. and
Pencco, Inc. for the Purchase of Water Treatment Chemicals, a copy of same being attached hereto as
Exhibit "A"and incorporated herein for all purposes.
The Board hereby finds and declares that written notice of the date, hour,place and subject of
the meeting at which this Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and the subject matter hereof were
discussed,considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,
Texas Government Code, as amended.
RESOLVED this 26th day of August, 2026.
REN FLORES, Preskde
Brushy Creek Regional Utility Authority
A FI EST:
ANNE UFFY, Secr ary
0330.20241
EXHIBIT
A
FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
AND PENCCO,INC.
FOR THE PURCHASE OF
WATER TREATMENT CHEMICALS
This First Amendment ( the "First Amendment") to the Agreement for the purchase of
Water Treatment Chemicals is made and entered into on this the 26th day of August,2026,by and
between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.,referred to herein as
the"BCRUA,"and PENCCO, INC.,referred to herein as"Vendor."
RECITALS:
WHEREAS, BCRUA and Vendor have previously on the 25th of June, 2025 entered into
an Agreement (the "Agreement") for the purchase of Fluorosilic Acid 23%, herein "Water
Treatment Chemicals"; and
WHEREAS, since the Agreement was executed, the Fluorosilic Acid market has
experienced severe and unprecedented supply disruptions, which have fundamentally changed
market conditions resulting in substantially higher costs and limited product availability across the
industry; and
WHEREAS, the cost of the Water Treatment Chemicals has increased to the point where
Vendor can no longer supply same to the BCRUA at the price agreed upon in the Agreement; and
WHEREAS, the Board of Directors hereby determines that the purchase and use of the
Water Treatment Chemicals are necessary to preserve or protect the public health or safety of the
residents of Cedar Park, Leander, and Round Rock; and
WHEREAS, the parties wish to amend the Agreement to adjust the price of the Water
Treatment Chemicals;
NOW THEREFORE,
in consideration of the mutual promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged the parties mutually
agree as follows:
I.AMENDMENT TO SECTION 5.0
1.0 Section 5.0 Costs is hereby amended to read as follows:
As a result of the adverse market conditions described in the Recitals, BCRUA agrees to
pay Vendor for the purchase of Fluorosilic Acid 23% the sum of$0.65/1b. (price firm through
6/24/27). Provided however, the parties will closely monitor market conditions, and if supply
and/or pricing improve, the parties will utilize good faith efforts to agree to adjust the price in a
reasonable manner.
At the beginning of each renewal period,the parties may mutually agree to adjust the above amount
based on the increase in the U.S.Department of Labor Consumer Price index(CPI-U)for all Urban
Consumers.
II. MISCELLANEOUS
2.0 To the extent necessary to effect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is
hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be duly
executed to be effective as of the day and year first above written.
PENCCO,INC.
By:
Printed Name: Sara Duffy
Title: Bid Director
Date: 8/17/26 _
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Rene Flores, President
Date:
Attest:
Anne Duffy, Secretary
Approved as to Form:
Stephen L. Sheets, General Counsel
2